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In a rebuff of a national historic-preservation organization, the Army Corps of Engineers has given the green light to a commercial and residential development on a Civil War site in Spotsylvania County.
Yesterday, the corps gave final approval--with some conditions--for Spotsylvania businessman John Mullins to begin work on the Ashley-Orrock tract, which played a role in the 1863 Chancellorsville Campaign.
The corps' decision is the latest chapter in a pitched battle over how, and whether, Mullins' farm should be developed.
Mullins, owner of Covenant Funeral Service in Fredericksburg, wants to build a subdivision, offices and stores on 273 of about 800 acres he owns along State Route 3 at Chancellorsville.
The federal permission is the final obstacle in the way of development of the tract. Efforts to reach Mullins yesterday were unsuccessful.
The corps is involved because Mullins' plan calls for six stream crossings. As part of its review required by the federal Clean Water Act, the corps may also consider any impact on historic sites under the National Historic Preservation Act.
In May, the agency took the unusual step of ending consultations among interested groups on Mullins' permit application after determining that there was no consensus on how the project should proceed. That decision triggered a review by the Advisory Council on Historic Preservation.
In July, the council responded with a letter saying that the corps should have taken a more critical look at the historical significance of the Ashley-Orrock tract as part of its permit review.
The council was critical of the development plan and the corps' handling of the proposal, claiming that the project will harm the Chancellorsville Battlefield Historic District. The council is a heavy hitter on the national preservation scene: Members include several governors, heads of several national preservation groups, and Donald H. Rumsfeld, secretary of defense.
The Corps of Engineers had the option of granting Mullins' permit, requiring a more stringent review, or reopening consultations among the parties. More than a dozen groups have weighed in on Mullins' plans.
In a letter to the advisory council, R.L. Brownlee, acting secretary of the Army, said the corps acted correctly in defining the project review area and its decision to allow Mullins to proceed.
"I regret that the consultation process has concluded without the agreement of all parties on an acceptable approach to addressing historic resources across the 273-acre parcel," Brownlee wrote.
He said that the corps would revise its regulations for assessing impacts on historic properties.
Brownlee said the corps will:
Give its field offices copies of President Bush's "Preserve America" executive order, which encourages agencies to work with local entities to preserve historic properties while exploring options for economic development.
Work to identify changes in its procedures for considering projects in sensitive areas.
Look into the establishment of a Special Area Management Plan for Spotsylvania County, which is the scene of four major Civil War battles.
The corps' ruling does not sit well with preservationists who have challenged each of Mullins' proposals to develop the land.
"We're not surprised, but we're clearly disappointed. We vehemently disagree with most of their conclusions," said Jim Campi, spokesman for the Civil War Preservation Trust in Washington, which has been spearheading efforts to halt development on Mullins' land.
Campi characterized Brownlee's letter as "schizophrenic."
On the one hand, "The Army concurs with the observation that the [Ashley-Orrock] land is significant and irreplaceable and that development would adversely affect the Chancellorsville Historic District, and that the corps is responsible for complying with laws like the National Preservation Act. But they do not follow the governing laws and regulations," Campi said.
The Ashley-Orrock tract was not part of the more significant first-day fighting at Chancellorsville. However, it is within the Lick Run Element where Confederate Gen. Robert E. Lee crossed after the battle.
The corps added several special conditions in the revised permit. Two have already been done: Mullins submitted a plan for an archaeological investigation to determine the boundaries of the Civil War-era Ebenezer McGee House and adjacent outbuildings, and agreed to move a road outside that preservation area.
Mullins must also put up signs describing the events associated with the May 1,1863, Battle of Chancellorsville, including the Lick Run Element and the McGee house site and maintain a visual easement between the McGee house and Lick Run.
Since he bought the 800 acres in 1995, Mullins has run up against several roadblocks in his attempts to develop it.
In 1999, he dropped plans for an office park, subdivision and golf course after rejecting corps recommendations for preserving the core battlefield.
In March of this year, Dogwood Development Group's proposed town of 1,995 homes and up to 2.2 million square feet of businesses was turned down by the Spotsylvania Board of Supervisors after local residents and preservation groups across the country mobilized to fight it.
Mullins applied for the corps permit on the Ashley-Orrock tract in July 2002. Spotsylvania County has signed off on Mullins' development plans; all he needed to proceed was the corps permit.
To reach RUSTY DENNEN: 540/374-5431 rdennen@freelancestar.com